President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
Partner, McGuireWoods
Leveraging his background as former deputy director of the Office of Federal Contract Compliance Programs (OFCCP), a role in which he managed the agency's enforcement and policymaking activities, Bill defends clients in enforcement litigation, audits, and complaint investigations brought by the OFCCP.
Bill focuses his practice onOFCCP-related compliance issues, including matters of agency jurisdiction, privileged compensation self-evaluations and adverse impact analyses, Affirmative Action Program development and implementation, and Internet Applicant requirements.
He also defends systemic discrimination claims investigated or brought by the U.S. Equal Employment Opportunity Commission (EEOC). And when clients embark on workforce reduction implementation, Bill also provides assistance with federal law matters like privileged statistical risk studies and compliance withOlder Workers Benefit Protection Act (OWBPA), and the Worker Adjustment and Retraining Notification Act (WARN).
Bill has more than two decades of experience assisting clients across a broad range of industries, including petrochemical, energy, consumer products, manufacturing, technology, transportation, retail, pharmaceuticals, and financial services.
Bill is an active participant in community affairs and pro bono work. He has an active federal pro bono practice helping veterans obtain U.S. Department of Veterans Affairs (VA) benefits. He served as lead counsel in Military Order of the Purple Heart v. Sec’y of Veterans Affairs, 580 F.3d 1293 (Fed. Cir. 2009) (invalidating VA’s “extraordinary award review,” and thereby precluding VA from annuallyoverturning 400 benefits awards of $25,000 or more to veterans).
Litigation Counsel, New Civil Liberties Alliance
Kara Rollins, Litigation Counsel, comes to NCLA with experience in vindicating client’s rights from agency overreach and holding the administrative state accountable through government transparency projects. Before joining NCLA, Kara was Counsel for Cause of Action Institute where she represented clients in various Federal Trade Commission enforcement actions. She also engaged in strategic research and oversight of Executive Branch agencies, focusing on administrative rulemaking and government oversight and compliance. Prior to joining the Cause of Action Institute in 2016, she clerked for the Hon. Karen M. Cassidy, A.J.S.C. in the Superior Court of New Jersey, Union Vicinage. Preceding her legal career, Kara served as the Political Programs Manager for the National Federation of Independent Business, where she worked with small business owners throughout the country and learned firsthand about the adverse impact the regulatory state has on individuals.
Kara graduated with honors from Rutgers College, Rutgers University with a B.A. in Political Science in 2007, and cum laude from Catholic University’s Columbus School of Law in 2014. During law school, she was a member of The Catholic University Law Review and a Moot Court Associate for the Seigenthaler-Sutherland Cup National First Amendment Moot Court Competition.
Kara is admitted to practice in the District of Columbia, New York, and New Jersey, as well as to the U.S. District Court for the District of Columbia, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court.
Her work has been published on The Hill.com.
Of Counsel, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Homer Deakins began his professional career with Fulbright & Jaworski in Houston and since that time has specialized in labor relations and employment law. He joined the predecessor firm to Ogletree Deakins and became a named partner in that firm. Mr. Deakins was Managing Shareholder of Ogletree Deakins from 1985-2000.
He has extensive experience in all aspects of labor relations law and has handled some of the largest and most highly publicized union elections in the United States on behalf of employers. This includes representing management in two major union elections in foreign-owned automobile assembly plants in the United States, where the company won those elections by large margins. He also has created and participated in highly sophisticated labor relations training programs for management personnel and has a wealth of experience in guiding employers through challenging labor-related issues. He also has extensive experience in representing management in negotiating collective bargaining agreements. For example, he represented the City and County of Honolulu in negotiating a project labor agreement with the Building Trades Unions for the $5 billion rail project in Honolulu. He has also negotiated numerous other agreements under the National Labor Relations Act and the Railway Labor Act.
Mr. Deakins also has extensive and varied experience in employment litigation, including jury trials in state and federal courts involving equal employment opportunity and employment-at-will cases. He has been involved in the trials of several large class action cases and has extensive appellate experience. Mr. Deakins has participated as the lead member of the defense team in ABA-sponsored mock trials of employment cases throughout the United States.
Deputy General Counsel, Local 32 BJ, Service Employees International Union
Brent Garren is a Deputy General Counsel of SEIU Local 32 BJ, the 145,000 member property services local in New York and the eastern seaboard. He worked for the International Ladies’ Garment Workers Union, then UNITE, UNITE HERE and Workers United prior to Local 32 BJ, including serving as General Counsel for UNITE HERE and later Workers United.
Mr. Garren’s career has focused on the National Labor Relations Act. He is an Editor-In-Chief of How to Take a Case Before the NLRB, the leading text on NLRB procedure. He is a member of and past union co-chair of the ABA’s subcommittee on Practice and Procedure under the NLRA, part of the Labor and Employment Law Section. He has spoken about and written on the NLRA, including on remedies, voluntary recognition and NLRB jurisdiction.
He has been involved in international labor solidarity activities, including representing U.S. labor to the International Labor Organization, dealing with protection of home workers and protection of contracted labor.
He was graduated by Wayne State School of Law, summa cum laude.
Reed Larson Professor of Labor Law, Ave Maria School of Law and, National Right To Work Legal Defense Foundation
John Raudabaugh is a labor lawyer and former Member of the U.S. National Labor Relations Board. He was a partner in law firms representing management concerning domestic and international labor law matters. Currently, he represents employees seeking relief from union and/or employer unfair labor practices. Mr. Raudabaugh has presented testimony to both Senate and House Committees regarding labor law reform. Professor Raudabaugh teaches Labor Law and a Labor Law Practicum at the Ave Maria School of Law. He is a graduate of the Wharton School of Finance and Commerce and New York State School of Industrial and Labor Relations with B.S. and M.S. degrees in labor economics and a J.D. degree from the University of Virginia Law School of Law.
Partner, Balch & Bingham LLP
General Counsel to the Mississippi Manufacturers Association, Pepper Crutcher advises and advocates for a wide range of Southeast U.S., private sector employers. Pepper regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. Pepper also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments.
Mr. Crutcher has been rated "AV" by Martindale Hubbell and since 2004 has been selected to be included in Chambers USA America's Leading Lawyers for Business: The Client's Guide (Employment, Mississippi). He is also listed in The Best Lawyers in America for Intellectual Property Law and Labor & Employment Law.
Vice President & Legal Director, National Right To Work Legal Defense Foundation
Raymond J. LaJeunesse, Jr., is Vice President and Legal Director of the National Right to Work Legal Defense Foundation, a non-profit legal aid organization. He was the first Staff Attorney employed by the Foundation and has more than forty-five years of experience helping workers in litigation in federal and state courts and administrative agencies over the abuses of compulsory unionism.
Mr. LaJeunesse has argued four cases in the United States Supreme Court. Those cases include Lehnert v. Ferris Faculty Ass’n, 500 U.S. 507 (1991), which limited the purposes for which compulsory union fees collected from public employees may lawfully be spent; Air Line Pilots Ass’n v. Miller, 523 U.S. 866 (1998), which established that unions cannot compel nonmembers to exhaust union-established remedies before going to court to challenge compulsory union fees; and Marquez v. Screen Actors Guild, 525 U.S. 33 (1998), in which the Court recognized that unions must notify employees that they can satisfy the “membership” requirement of “union shop” agreements by just paying fees for union bargaining activities and need not join and pay full dues to keep their jobs. He also was lead attorney in Hohe v. Casey, 956 F.2d 399 (3d Cir. 1992), in which more than $8.3 million in compulsory agency fees was recovered from the American Federation of State, County and Municipal Employees for a class of 57,000 nonmembers.
Mr. LaJeunesse is the author of several published articles about labor law, has testified before Congressional committees several times, and was an Advisor on the Transition Team for Labor- Related Agencies, Office of the President-Elect, in 1980-81 and a legislative aide to a member of the Virginia state legislature. He is a Vice Chairman of the Federalist Society’s Labor and Employment Law Practice Group and has spoken or debated at the Society’s National Lawyers Convention and at many Lawyers and Student Chapters on such topics as Right to Work laws, compulsory unionism arrangements, the misuse of union dues for politics, union organizing tactics (“card check” vs. secret-ballot elections), and the future of the union movement.
Stefan Marculewicz is a Shareholder in the Washington, DC office of Littler Mendelson, P.C., and focuses his legal practice on traditional labor law matters, international labor law and standards, and non-traditional worker representation.
Jennifer Thomas is an Associate in the Washington, DC office of Littler Mendelson, P.C. where she concentrates her practice in the areas of labor and employment law.
Staff Attorney, National Right To Work Legal Defense Foundation
Glenn Taubman is a Staff Attorney for the National Right to Work Legal Defense and Education Foundation (1982 to the present). He was a Law Clerk for Senior Circuit Judge Warren L. Jones, U.S. Court of Appeals for the Fifth and Eleventh Circuits, Jacksonville, Florida, from 1981-82, and a Staff Attorney for the U.S. District Court, Middle District of Florida, Jacksonville, Florida, from 1980-81. His Bar Admissions include: Georgia, 1980; New York, 1981; U.S. Supreme Court, 1983; District of Columbia, 1985. He regularly appears before the National Labor Relations Board and various federal courts, representing individual employees only.
He is the author of "'Neutrality Agreements' and the Destruction of Employees' Section 7 Rights" (2005) and co-author of "Union Discipline and Employee Rights," a monograph published by the National Right to Work Foundation.
A partial listing of his reported cases includes: Lucas v. NLRB, 333 F.3d 927 (9th Cir. 2003);Penrod v. NLRB, 203 F.3d 41 (D.C. Cir. 2000);Production Workers v. NLRB, 161 F.3d 1047 (7th Cir. 1998);Food & Commercial Workers Local 951 v. Mulder, 31 F.3d 365 (6th Cir. 1994);NLRB v. Office Employees Local 2, 902 F.2d 1164 (4th Cir. 1990);Tierney v. City of Toledo, 917 F.2d 927 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 902 F.2d 422 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 854 F.2d 131 (6th Cir. 1988);Tierney v. City of Toledo, 824 F.2d 1497 (6th Cir. 1987);Masiello v. US Airways, Inc., 113 F. Supp. 2d 870 (W.D.N.C. 2000);Jordan v. City of Bucyrus, 739 F. Supp. 1124 (1990),further proceedings, 754 F. Supp. 554 (N.D. Ohio 1991);Dana Corp., 341 N.L.R.B. No. 150, 2004 WL 1329345 (June 7, 2004);California Saw & Knife Works, 320 N.L.R.B. 224 (1995),enforced, 133 F.3d 1012 (7th Cir. 1998).
Deputy General Counsel, Local 32 BJ, Service Employees International Union
Brent Garren is a Deputy General Counsel of SEIU Local 32 BJ, the 145,000 member property services local in New York and the eastern seaboard. He worked for the International Ladies’ Garment Workers Union, then UNITE, UNITE HERE and Workers United prior to Local 32 BJ, including serving as General Counsel for UNITE HERE and later Workers United.
Mr. Garren’s career has focused on the National Labor Relations Act. He is an Editor-In-Chief of How to Take a Case Before the NLRB, the leading text on NLRB procedure. He is a member of and past union co-chair of the ABA’s subcommittee on Practice and Procedure under the NLRA, part of the Labor and Employment Law Section. He has spoken about and written on the NLRA, including on remedies, voluntary recognition and NLRB jurisdiction.
He has been involved in international labor solidarity activities, including representing U.S. labor to the International Labor Organization, dealing with protection of home workers and protection of contracted labor.
He was graduated by Wayne State School of Law, summa cum laude.
Director, Independent Women's Law Center, Independent Women's
Jennifer C. Braceras, a member of the Federalist Society Board of Visitors, is the director of Independent Women’s Law Center and a former member of the U.S. Commission on Civil Rights.
Ms. Braceras is a graduate of the Harvard Law School, where she served as an editor of the Law Review. After law school, she clerked for two federal judges and practiced labor and employment law with the Boston law firm Ropes & Gray.
A long time political columnist and editor, Ms. Braceras's writing has appeared in a variety of publications, including the Wall Street Journal, the Boston Globe, the Hill, and National Review Online. She co-hosts At the Bar, a bimonthly virtual happy hour discussion about issues at the intersection of law, politics, and culture.
Adjudicating Employment Discrimination in Federal Contracting: Is OFCCP Regulating Without Authority?
Mark Chenoweth, William Doyle, Kara Rollins
In the landmark Title VII of the Civil Rights Act of 1964, Congress legislated a...
Topics
Right to Work Laws in the Courts – The Unions’ Losing Streak Continues
In this blog on January 25, 2018, I reported on the decision of the Circuit...
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Right to Work Laws in the Courts — Union Challengers Strike Out Yet Again
In this blog on September 25, 2017, I reported on three appellate courts’ rejection of...
The New NLRB Representation Case Rule - Podcast
Homer L. Deakins, Brent Garren, John N. Raudabaugh
On December 15, 2014, the National Labor Relations Board published a final rule amending its...
Affordable Care Act Compliance: Say “Hello” to Collective Bargaining Obligations
R. Pepper Crutcher, R Crutcher
Related Links: UC Berkely Labor Center, The Affordable Care Act: A Guide for Union Negotiators...
Union Organizing and the NLRB Under President Obama
Raymond J. LaJeunesse
Note from the Editor: This paper analyzes union organizing and the NLRB under the Obama...
Labor Organizations by Another Name: The Worker Center Movement and its Evolution into Coverage under the NLRA and LMRDA
Stefan J. Marculewicz, Jennifer Thomas
I. Introduction The labor union, the primary collective advocate for workers’ rights in the United...
Employee Free Choice Act Debate
Glenn Taubman, Brent Garren
The U.S. House of Representatives has passed, the U.S. Senate will consider, and the Bush...
Affirmative Action & Gender Equity: New Rules Under Title IX?
Jennifer C. Braceras
Although the plain language of Title IX states unequivocally that schools are not required to...